Key Features of Jammu & Kashmir Reservation & Reorganisation Bills

New Delhi, TNI Bureau: In a pivotal legislative move, the Lok Sabha witnessed the introduction and subsequent passing of two significant bills on Wednesday, December 6. The bills, namely the Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, were initially presented to the Parliament in July of the same year.

Jammu and Kashmir Reservation (Amendment) Bill, 2023:

The Jammu and Kashmir Reservation (Amendment) Bill, 2023, marks a substantial modification to the existing Jammu and Kashmir Reservation Act, 2004. This particular legislation governs reservations in employment and admissions to professional institutions, specifically for individuals belonging to scheduled castes, scheduled tribes, and socially and educationally backward classes.

Key features of the amendment include the replacement of the term “weak and underprivileged classes” with “other backward classes,” as officially declared by the Union Territory of Jammu and Kashmir. A notable aspect is the elimination of the original definition of weak and underprivileged classes, signaling a significant shift in the terminology and focus of the reservation policy.

Jammu and Kashmir Reorganisation (Amendment) Bill, 2023:

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The second bill, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, seeks to amend the Jammu and Kashmir Reorganisation Act, 2019. This act facilitated the reorganisation of the erstwhile state into the union territories of Jammu and Kashmir and Ladakh.

Key amendments proposed in this bill include an increase in the total number of seats in the Jammu and Kashmir legislative assembly from 83 to 90. Out of these, seven seats would be reserved for scheduled caste members, and nine seats would be allocated for legislators from scheduled tribes. Additionally, the lieutenant governor gains the power to nominate up to two members from the Kashmiri migrant community to the legislative assembly, with one nominee being a woman. Furthermore, a provision allows for the nomination of one member representing displaced persons from Pakistan-occupied Jammu and Kashmir, adressing on the provision Home Minister Amit Shah, stated, “We’ve reserved 24 seats for Pakistan-occupied Kashmir.”

Union Home Minister Amit Shah’s Perspective:

During the parliamentary debate, Union Home Minister Amit Shah emphasized the transformative impact of these bills, asserting that the envisioned “naya Kashmir” (new Kashmir) would ensure justice for those who had been deprived of their rights for the past 70 years. Shah addressed historical decisions, pinpointing what he deemed as “two big mistakes” made by former Prime Minister Jawaharlal Nehru that, according to him, had adverse consequences for the region.

Shah also attributed the exodus of Kashmiri Pandits to past governments in the erstwhile state and emphasized that the bills aim to provide justice to those who were victims of injustice, insults, and neglect.

In response to opposition concerns about the timing of the bills, Shah defended the legislative actions, stating that they are crucial steps toward justice and representation for various communities in Jammu and Kashmir.

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